Research and development in criminal law and criminology

Research and development in criminal law and criminology

Assessing the Efficacy of the Rule of Law in Iran's Legal System

Document Type : Original Article

Authors
Mohammad Jafar Habibzadeh 1
Ehsan Tirbandpey 2
1 Professor, Department of Criminal Law and Criminology, Tarbiat Modares University, Tehran, Iran
2 PhD student in Criminal Law and Criminology, Tarbiat Modares University, Tehran, Iran
10.22034/jclc.2025.2049834.1142
Abstract
The Iranian legal system is founded upon multiple sources—including the Constitution, ordinary laws, government decrees, regulations, and guidelines—each exerting hierarchical control over subsequent sources. The Constitution, as the supreme legal document of the country, explicitly asserts its primacy over other sources and entrusts the Guardian Council and the Administrative Justice Court with the oversight of the conformity of ordinary laws and government decrees to the Constitution, respectively. However, significant challenges exist in realizing the principle of the rule of law and establishing effective oversight and hierarchy among laws and regulations within this legal system. The multiplicity of legislative bodies outside those mentioned in the Constitution—such as the Expediency Discernment Council, the Supreme Cultural Revolution Council, and the enactment of regulations in lieu of laws by supra-legal entities like the High Council of Administration, the Supreme Council of Coordination of the Heads of the Three Branches, and even the government and judiciary—has created ambiguity regarding the hierarchy among legal sources. Moreover, some councils, by exercising overlapping oversight, have diverted the legislative process from its normal course. The lack of effective oversight over governmental bodies and inconsistent interpretations of the law have led to numerous structural problems. Remedying this situation requires clarifying the status of legislative bodies, strengthening institutions emanating from the will of the citizens, and returning to the conditions necessary for realizing a democratic system and the rule of law. These strategies can enhance the efficiency of the Iranian legal system and improve the human rights situation.
Keywords
Rule of law
Democracy
Human Rights
Rule by Law
Legal System
Subjects

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Research and development in criminal law and criminology
Volume 2, Issue 3 - Serial Number 3
August 2025
Pages 171-196